Report: No charges against Oak Hill police

Editor's note: In an earlier version of this story, Sgt. Manuel Perez was inadvertently linked to allegations that officers made and exploded a homemade bomb.

OAK HILL -- A five-month investigation into accusations of possible misconduct by members of the Oak Hill Police Department, including the chief, produced no criminal charges, according to the State Attorney's Office.

After the release of the investigative report, State Attorney spokesman Chris Kelly said Wednesday the review determined insufficient evidence and conflicting witness statements prevented prosecutors from filing criminal charges. The investigation is now closed.

Kelly said the facts in the investigation's 33-page executive summary released this week didn't reach the threshold of "proof beyond and to the exclusion of reasonable doubt" for these charges:

· Official misconduct by Oak Hill Police Officer Michael Ihnken for taking online certification training and tests on behalf of two fellow officers without their permission or knowledge.

· Extortion by then-Acting Police Chief Diane Young, who was accused of threatening to expose Ihnken's testing misconduct if he did not accept a demotion from sergeant to police officer as punishment for unrelated violations of department policy and procedures.

· Making and exploding a bomb by Ihnken and Volusia County sheriff's deputy William Armstong.

· Official misconduct allegations against Chief Young for concealing and covering up undisclosed information from the mayor and City Commission. Allegations of misconduct came to light in July after former Oak Hill Acting Police Chief Robert Walker accused Ihnken of taking required certification tests for two other officers. Ihnken misrepresented himself as Walker and Officer Thad Smith when he took the online training courses and tests without the two officers' permission or knowledge, Walker told investigators.

During interviews into that allegation, State Attorney Investigator Jack Bisland uncovered the additional accusations, the summary said.

Efforts to reach Ihnken were unsuccessful.

Young, who now heads the department, refused to speak with a reporter, staying behind closed doors at the police station Wednesday afternoon. In a written statement the chief reiterated the accusations against her were "unsubstantiated."

"As I expect the entire matter will go before the City Commission; any further comment would not be appropriate at this time," she wrote.

In addition to Tuesday's report, Ihnken has been the subject of multiple allegations he violated other department policies and procedures causing him to be suspended with pay for 13 of the past 17 months.

He faces termination for conducting firearms training for his fellow officers despite allowing his firearm instructor's certification to lapse. The oversight caused the department to shut down for 24 hours in July until proper instruction could be arranged. The Volusia County Sheriff's Office provided both the training and law enforcement protection.

Oak Hill Mayor Darla Lauer, who oversees the Police Department, also declined to speak about the investigation, saying she has only skimmed the summary and needs to review the entire 100-page document and its associated recorded interviews before commenting.

However, she expects the matter to come up during Monday's City Commission meeting.

"If it is not on the agenda, I believe someone will bring it up," Lauer said.

Vice Mayor Mary Lee Cook was less reluctant to express her opinion.

"I am very unhappy with the entire situation," she said Wednesday, although she declined to go into specifics until the matter is brought before the entire commission.

"I have been dissatisfied for some time," Cook said. "A number of things need to be brought out."

Oak Hill residents outside the Dollar General store on U.S. 1 Wednesday said they knew little about the accusations, but stood behind their Police Department.

"I know the chief of police is a good woman," said hot dog vendor Chuck Leiter. "I would not expect her to do anything that would compromise the integrity of the Police Department.

"Most of the cops here do a pretty good job," he added.

Still, he and others were caught off guard by the allegations Ihnken and others made an explosive device using household chemicals, aluminum foil and a plastic soda bottle. They detonated it along U.S. 1 in the early morning hours of a night shift in late 2008 or early 2009.

Officer Brian Riley, who witnessed the explosion, told the state attorney's investigator, "I think (they did it) just for fun, just to see it happen, just something to do; it's pretty boring out in Oak Hill," the report states.

Bisland also focused some of his attention on the hiring and eventual resignation of Officer Brandy Sutherin.

Sutherin was accused of chasing down a vehicle he believed rammed his car on Interstate 95 and firing at it while off-duty in April. At the time, Sutherin's wife was at the wheel and his three children were in the back seat as they raced down the highway at speeds in excess of 90 mph, according to police reports.

Much of the information in the report surrounding Sutherin was redacted because of police privacy or medically related issues that are exempt from public records disclosure, said Assistant State Attorney Kelly.

Sutherin resigned his position with Oak Hill in May.

More: Oak Hill Investigation Report (PDF)

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